1. Fridtjof Nansen Institute, Norway
The results of the based Global Consultations on Farmers’ Rights
Regine Andersen, Senior Research Fellow and Tone Winge, Research Fellow,
Fridtjof Nansen Institute, Norway
Global Consultations Conference on Farmers’ Rights Addis Ababa, 23–25 November 2010

2. Background
Aim: Enabling participation and involvement in the Global Consultations.
Questionnaire developed in collaboration with various stakeholders – three languages
Distribution of questionnaire through the Secretariat, and an own address base of 1000 names + at various websites
All recipients asked to further distribute the questionnaire and to consult with farmers and others who have no access to

3. State of the report Draft preliminary report Comments welcome
To be finalized next month, taking all comments into consideration
To be presented together with the report from this consultation conference as one joint report
Focus here: Present highlights as basis to discussing key issues to take into account in the conference

4. The respondents Received questionnaires: 60 (61)
Number of participants: 130
Respondents sending position papers: 7
Number of position papers 6
Grand total: 137 respondents

5. The respondents per region
Africa: 21 questionnaires/11 countries In addition: 16 consulted farmers/researchers
Asia: 11 questionnaires/ 7 countries In addition: 14 consulted farmers/NGO workers
Near East: 6 questionnaires/ 1 country In addition: 12 consulted mainly extension workers
Latin America: 5 questionnaires/ 5 countries Altogether: 32 consulted farmers/ppb-scientists
Europe: 12 questionnaires/ 8 countries No extra consulted people
North America: 5 questionnaires/ 2 countries No extra consulted people

6. The respondents per stakeholder
NGOs: 23 questionnaires + 2 respondents sending 2 position papers
Public sector: 15 questionnaires
Farmers: 13 questionnaires + 2 respondents sending 2 position papers (but many farmer participants – appr. 60)
Seed industry: 3 questionnaires + 5 respondents sending 4 position papers
Others: 6 questionnaires

7. Topics of the questionnaire
General views and experiences:
Importance of aspects of Farmers’ Rights
Major achievements of the country
Major obstacles to the realization of FR
Performance of country with regard to the realization of Farmers’ Rights
Most important measures to be taken in the country
Other views and experiences
Recommendations to the Governing Body

8. The questionnaire (cont.)
The four aspects of Farmers’ Rights:
The protection of traditional knowledge
Participation in benefit sharing
Participation in decision making at national level
Farmers’ rights to save, use, exchange and sell farm saved seed
Questions regarding these aspects:
National measures affecting FR – with evaluation
Most important gaps and needs
Other views and experiences

9. General views and experiences
Most important aspects of farmers’ rights:
All aspects rated as important by the majority of respondents
Slight differences between stakeholders with regard to rating of importance

10. General views and experiences
Major achievements:
We asked about achievements with regard to the four FR-aspects in terms of law, policies, programmes and projects, and of awareness
Achievements have been reported with regard to all four elements of Farmers’ Rights
Traditional knowledge is the element where most respondents noted achievements/projects, followed by benefit sharing projects
Few achievements were noted with regard to conducive law and policy, but some examples
Many respondents have noted markedly increased awareness

11. General views and experiences
Major achievements (cont.), examples:
Development of legislation/policies (India/Bhutan)
Seed collection, -banks, -fairs, and –multiplication
Participatory plant breeding and seed networks
Awareness campaigns and organizing
Most achievements mentioned are made by NGOs and IGOs – mainly at local level
Also some government-run programmes are mentioned, and legislation achievements

12. General views and experiences
Major obstacles:
In the South, many respondents mention the lack of laws and policies specifically targetting Farmers’ Rights
In the North, laws and policies affecting Farmers’ Rights are seen as obstacles among the majority of the respondents (but not all)
Lack of awareness among farmers, decision-makers and in general is noted as an obstacle.
Lack of participation of farmers and the need for empowerment are addressed by many.

13. Perceived performance
A clear majority rated their countries’ performance as insufficient
7 respondents rated it as tolerable
6 respondents rated it as fairly good
2 respondents rated it as good
Three respondents, all from Europe (2 from seed sector, 1 from public sector) rated their countries performance as very good.

14. Most important measures needed
Development and implementation of legal framework and policies for Farmers’ Rights
Promotion of small-scale diversity farming
Awareness raising measures
Farmers’ participation in decision-making

15. Most important measures (cont.)
‘New’ ideas:
Preventing de-registration of varieties protected by plant breeders’ rights, as this removes the varieties from the market
Divide legislation: The formal seed system regulations should not be applied to the informal seed system. Develop new regulations.
Legal recognition to farmers engaged in diversity farming, through specific legal status
Make seed companies responsible for GM-contamination
Creating space for dialogue between different stakeholders

16. Aspect 1: Traditional knowledge
What means protection of traditional knowledge related to crop genetic resources?
The most pressing concern among the respondents is to save traditional knowledge from becoming lost
Only very few respondents find protection from misappropriation more important
Few examples of misappropriation
Important to balance these concerns

17. Aspect 1: Traditional knowledge
The huge problem is the loss of knowledge, due to agricultural practices, new dietary preferences, & lack of interest among young
Laws on intellectual property rights are seen as important obstacles to free sharing of traditional knowledge
Gaps and needs:
Establishing, mainstreaming and implementing adequate legislation
Documenting remaining traditional knowledge, encourage sharing and spread awareness

18. Aspect 2: Benefit sharing
What means benefit sharing in the context of Farmers’ Rights?
Funding priority under the Treaty to to be given to farmers contributing to maintaining crop genetic diversity (Art and 18.5).
Contracting Parties to provide technical assistance to developing countries and countries with economies in transition to facilitate the implementation of the Treaty (Art. 7).
Important difference to the CBD: All farmers engaged in diversity farming may participate in benefit sharing. No focus on providers of genetic resources to commercial breeding.

19. Aspect 2: Benefit sharing
Most – least often noted positive measures:
Participatory plan breeding projects (many)
Community seed banks
Projects for marketing of diversity products
Capacity building for diversity farming
Capacity building for Farmers’ Rights
Financial support for diversity farming
Awards for for diversity farmers
National fund for benefit sharing (few)
Farmers benefit from new varieties of plants

20. Aspect 2: Benefit sharing
Gaps and needs:
Agricultural policies and incentive structures are not favourable to the on-farm conservation and sustainable use of crop genetic resources
Patent law and plant breeders’ rights legislation have no provisions to ensure benefit sharing
Lack of legal and policy framework to promote benefit-sharing
Lack of adequate institutional framework
Lack of awareness and capacity

21. Aspect 3: Participation – decisions
Most – least often noted measures:
Participation in relevant committees and hearings (often positive effects)
Legislation covering the right to participate in decision-making (negative/mixed/none effects)
Capacity building projects for farmer participation in decision-making (positive effects)
Facilitation of participation in media (positive effects)
Capacity building among decision makers (few)

22. Aspect 4: Rights to seed
Article 9.3: Farmers practices of saving, using exchanging and selling farm-saved seed are labelled rights, but does not provide much direction with regard to its contents
Preamble: ‘These rights’ are fundamental to the realization of Farmers’ Rights
Countries are free to define these rights
Challenge to strike the right balance between farmers’ and breeders’ rights: both are crucial to future food security.

23. Aspect 4: Rights to seed
Typical measures affecting farmers’ rights to seed: Patents, plant breeders’ rights, variety release and seed distribution regulations, seed fairs, informal seed saving networks
Intellectual property regulation most restrictive in the North, less in developing countries, but the trend is moving towards more restrictive legislation
Seed sector considers this positive, farmers and NGOs consider it negative
Some countries seek balance: e.g. Norway

24. Aspect 4: Rights to seed (cont.)
Variety release and seed distribution regulations affect conservation and sustainable use of farmers’ varieties
Rules are strictest in the North, in some countries seed exchange among farmers is prohibited (but they do)
The European seed industry is largely positive to such regulations (but not all)
Farmers, NGOs and most government officials are critical to such regulations
Some countries seek balance, e.g. Switzerland

25. Aspect 4: Right to seed
Many examples of seed fairs and seed exchange networks
Mostly small with local outreach
More or less underground in several countries
Still tolerated in several countries
Most respondents regard them as positive

26. Aspect 4: Right to seed Gaps and needs:
Farmers’ contribution to conservation and sustainable use is under threat
Lack of adequate laws and regulations: legal space for farmers to continue practices required (seed sector find legislation largely adequate)
Lack of awareness among decision makers and farmers with regard to the consequences
Need to support and promote informal seed systems: seed fairs, -networks, local seed banks
Need to recognize the contributions of NGOs and local organizations to crop genetic diversity
Need to avoid the use of GMOs: farmers’ choice

27. Recommendations to the GB
GB may guide and support the development of national legislation, policies, strategies, programmes and projects
Need to amend legislation in the North to allow for legal space for farmers practices
Facilitate and ensure support for awareness raising and capacity building measures
Promote and improve informal seed systems
Prohibit the marketing of GM seeds
Develop minimum standards

28. Thank you for your attention!